Free Motion to Dismiss - District Court of Delaware - Delaware

, Case 1 :07-cv-00832—JJFj Document 3 Filed 02/18/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE ,
RONALD WARNE, )
Plaintiff j
v. j Case No. 07-832-JJF
HOME OF MERCIFUL REST SOCIETY, j
d/b/a KENTMERE NURSING CARE )
CENTER, )
Defendant. j
DEFENDANT’S MOTION TO DISIVIISS IN PART
PLAINTIFF’S COMPLAINT
Pursuant to Rule I2(b)(6) of the Federal Rules of Civil Procedure, Defendant
Home of Merciful Rest Society, d/b/a/ Kentmere Nursing Care Center (hereafter "Defendant"),
hereby moves for the Court to dismiss the Complaint in part because:
1. Plaintiffs federal retaliation claims (Counts l-3) must be dismissed
because Plaintiff failed to comply with jurisdictional and procedural prerequisites under Title VII
to allege retaliation in this action.
2. The state law discrimination claim (Count IV) should be dismissed with
prejudice because Plaintiff failed to exhaust his administrative remedies. I
3. The state law discrimination/retaliation claims (Count IV) should be
dismissed with prejudice because Plaintiffs claims are barred by the statute of limitations.
4. The good faith and fair dealing claim fails to allege fraud, deceit or
misrepresentation, thus it must be dismissed.

Case 1:07-cv-00832-JJF Document 3 Filed O2/18/2008 Page 2 of 2
WHEREFORE, for the reasons stated above and the reasons set forth in the
. accompanying Defendant’s Opening Brief in Support of Its Motion to Dismiss in Part Plaintiffs
Complaint, the Court should grant Defendant’s Motion and enter an Order in the form attached,
dismissing Plaintiffs Complaint in part with prejudice.
MORRIS JAMES LLP ‘
Dgid H. Williams (#616)
[email protected]
James H. McMackin, III (#4284)
[email protected]
500 Delaware Avenue, Suite 1500
Wilmington, DE 19899
(302) 888-6900/5 849
Attorneys for Defendant
Dated: February 18, 2008
JYM/010177-0024/1692144/l

Case 1:07-cv-00832-JJF

Document 3

Filed 02/18/2008

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Case 1:07-cv-00832-JJF

Document 3

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